Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione

Date: 01/16/2008

Subject: Called to decide on the legitimacy of an interpretative norm with retroactive effect in the matter of right to seniority acquired by workers transferred by law from a public office to another, the Court of Cassation examines the case law both of the Court of Justice on transfer of the firm, and of the Court of Strasbourg on the limits to retroactive effects of laws concerning civil matters. The Court concludes stating that the Directive on the transfer of the firm cannot be applied to the specific case and that there hasn’t been any violation of the ECHR, since the workers have maintained the former seniority in relation to the economic profile

Original language: Italian

Classification: Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified - Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty)

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